The nature of the civil liability of the doctor

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The research problem revolved around the statement of the nature of the civil liability of the doctor in terms of its types and pillars, it turns out that the civil liability of the doctor is due to two types of contract or law, the first in the event of a contractual agreement between the doctor and his patient, and the second under tort liability when the doctor breaches a legal duty, which is not to harm others or the absence of a contractual agreement between him and his patient. Also, the elements of the doctor's civil liability are based on medical error and medical damage and the causal relationship between them according to the theory of productive or effective cause. The researcher concluded to call on Jordanian and Egyptian legislators in the laws related to the medical professions to determine the cases and conditions of both contractual liability and tort liability of the doctor, and to determine the degree of gravity of the medical error that causes the doctor's civil liability, as well as that there is in Egypt and Jordan a mandatory insurance system for doctors from medical liability, under which an agreement is made between the doctor and an insurance company to cover his responsibility for his harmful medical work towards his patients in exchange for premiums paid by the doctor, and this makes it easier for the injured patient to obtain Convenient compensation is easy and convenient. 

Keywords